Repairs Guidance for Landlords

From 3 September 2007, there are important changes in the laws covering the responsibilities of private landlords to carry out repairs.

From that date, private landlords have a duty to ensure that the houses they rent to tenants meet the new 'repairing standard' which is set out in section 13(1) of the Housing (Scotland) Act 2006 (the 2006 Act).  Tenants will be able to apply to the prhp for a ruling that their landlord has failed to meet that duty.

Before your tenant can submit an application to the prhp, he or she must have notified you that the work needs to be carried out.

Your tenant must also give you a reasonable time in which to carry out the repairs. How much time is 'reasonable' will depend upon the nature of the work needing done and all the circumstances of the case.

If you fail to meet the duty to ensure that the house meets the repairing standard, a Private Rented Housing Committee has the power to make an order requiring you to carry out the work. It is a criminal offence to fail to comply with that order without reasonable excuse.

It is also a criminal offence to re-let the property while the order is in force, unless the Committee agree to this. If you fail to comply with the order, the Committee can also make a further order restricting the amount of rent your tenant is legally required to pay.

To find out more about your responsibilities under the 2006 Act, you can download an advice pack and other leaflets from this website or obtain hard copies of these by contacting our office.